COMMON ORDER

The issues involved in these writ petitions are one and the same and hence, they are disposed of by this common order. The writ petitions have been filed seeking to issue a Writ of Mandamus, directing the second respondent to grant promotion to the petitioners as Assistant General Manager which had fallen vacant on 31.08.2020 in terms of the representation submitted by them.

2. The facts of the case in brief is as follows:

2.1. The petitioners were appointed as sub-staffs in Vellore District Central Cooperative Bank during the year 1993 and thereafter, they were promoted as Assistant with Time Scale during the year 1998 and 2000. The first respondent, vide proceedings dated 15.10.1999, had considered the request from the District Central Cooperative Banks to promote the SSLC/ XII Standard passed with cooperative trained sub-staff to the category of Assistants as onetime measure. Pending adoption of necessary transitory provisions, wherever necessary, the case of SSLC/XII Standard passed with cooperative training, sub-staff were considered eligible by duly observing seniority etc., in the category of Assistants, within the approved cadre strength.

2.2. As per Bye-laws of the Bank, the mode of recruitment to the post of Assistant Manager alone was in the ratio of 3:1 both by direct recruitment and by promotion from the feeder category of Assistant. Thereafter, all the posts on the schedule of the bank are filled by promotion only. Therefore, by virtue of seniority in the category of Assistant, the petitioners were promoted up to the post of Manager vide proceedings dated 12.07.2010. At the time of their promotion as Assistant Manager, the Bye-laws of the Bank were required to be amended and till such time, the amendments were brought into implementation, which was imposed by the first respondent, vide circulars dated 07.10.1996 and 31.07.1997. Only in adherence to the directives of the first respondent, the petitioners were promoted upto the post of Manager on

12.07.2010.

2.3. Pendency to the challenge to the amendments of the Bye Laws, necessitated the first respondent to clarify the District Central Co-operative Banks as to in what manner the educational qualification of the in-service candidates should be considered, vide proceedings dated 17.06.2011. The first respondent had clarified that persons who had entered service with requisite qualifications at the entry level post, after undergoing the qualification by way of pursuing their studies in the regular stream, as per the circular dated 27.12.2009, are eligible for progression of their service as on date, the rule position continues, without any variation to the same. However, when three vacancies for the post of Assistant General Manager has arisen as on 31.08.2020, the second respondent has not granted promotion to the petitioners, though the petitioners are the next senior most eligible Managers, and had made their representation in this regard on 06.07.2020 and 07.07.2020 to consider them for promotion when the vacancies arises. Therefore, the second respondent may be directed to grant promotion to the petitioners as Assistant General Manager, which had fallen vacant on 31.08.2020, in terms of their representation dated 06.07.2020 and

07.07.2020. Hence the writ petitions.

3. The second respondent has filed a counter affidavit wherein it has been stated as follows:

3.1. The petitioners were appointed on compassionate ground as Sub-

Staff during 1993 and were promoted as Assistant during 1998 and 2000. Thereafter, they were promoted as Assistant Manager and Manager. All these promotions were given prior to amendment of Special Bylaw 4.A II(b), which was amended on 24.03.2016, in pursuance of G.O.Ms.107 dated 18.08.2009. Further, these promotions were given as one time measure only. The petitioner in W.P.No.16516 of 2020 completed SSLC and D.Coop. The petitioner in W.P.No.16519 of 2020 completed SSLC and D.Coop. and passed M.Com, (Coop Management) through open Univer